Terms and Conditions

OVERVIEW

Updated 14.03.2018

​This website is operated by Ballman Roofing Contractors Ltd.. Throughout the site, the terms “we”, “us” and “our” refer to Ballman Roofing Contractors Ltd.. Ballman Roofing Contractors Ltd. offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

Ballcam Store Terms & Conditions

SECTION 1 - ONLINE STORE TERMS

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of the Terms will result in an immediate termination of your Services.

SECTION 2 - GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

SECTION 5 - PRODUCTS OR SERVICES (if applicable)

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.

We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

For more detail, please review our Returns Policy.

SECTION 7 - OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

SECTION 8 - THIRD-PARTY LINKS

Certain content, products and services available via our Service may include materials from third-parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

SECTION 12 - PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall Ballman Roofing Contractors Ltd., our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

SECTION 14 - INDEMNIFICATION

You agree to indemnify, defend and hold harmless Ballman Roofing Contractors Ltd. and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SECTION 15 - SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 16 - TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

SECTION 17 - ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 18 - GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of 141 The Broadway, Herne Bay, KEN, CT6 8HY, United Kingdom.

SECTION 19 - CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 20 - CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at andy@ballmangroup.co.uk

​BALLMAN ROOFING CONTRACTORS - GENERAL TERMS AND CONDITIONS

SECTION 1 - ORDER

Your order must be accompanied by sufficient information to enable us to proceed forthwith; otherwise we are at liberty to amend quoted prices to cover any increase in cost / work resultant upon lack of information, amendments or additions (including extras) and time for delivery / completion of work may have to be extended. Placement of your order in any format constitutes your acceptance of these terms and conditions, notwithstanding that no contract shall come into existence between us until your order is accepted in writing by us.

You will need to have a Building Control Notice issued prior to re-roofing works (where re-roofing covers 40% or more of the roof area). The Certification will be issued by Building Control upon completion. This is partly to ensure that insulation is upgraded to conform with current standards. We DO include within our costs our time to liaise with the local council officers whilst on site but DO NOT not include making the Building Notice application and the associated fees payable to the local council / building control company – this is your responsibility.

SECTION 2 - PARTICULARS ETC

All particulars (if any) submitted by us are approximate only, and all descriptions and illustrations contained in our brochures and other advertising matter are illustrative only, and shall not form part of the contract between us. Further, any written or oral representations made to you prior to contract are hereby excluded from forming part of the contract, unless expressly incorporated therein.

SECTION 3 - CHANGES

We reserve the right at any time prior to commencement of works to amend work specifications or details and (where relevant) to substitute equivalent goods or materials or better without liability to you for any loss or expense which you may sustain as a consequence. In such event we will notify you, and you will then be entitled to cancel the contract on payment to us of the amount of loss or expense which we may incur as a result, and upon an indemnity basis.

SECTION 4 - COMMENCEMENT OF WORK

We will make every effort to begin work on the date given, but will accept no liability for failure to do so unless specifically agreed in writing, and subject to the terms and conditions of any carrier effecting delivery of goods or materials, where relevant. If a date for commencement of works having been specifically agreed with you at premises owned or controlled by you, you fail to provide us with effective, free working and continuous access to a safe working environment on your site then you will be liable to pay to us a sum equating, on an indemnity basis, to all losses and expenses flowing from such failure / delay, including, but not limited to, labour costs, storage costs and costs and fees associated with re-arranging commencement of work.

SECTION 5 - WORK

Any agreement by us to install goods or materials at your premises is on the express condition that we will accept no liability whatsoever in relation to such works of installation howsoever arising and whether or not caused by the negligence of our staff or other contractors. Further, and in any event, the following conditions apply:-

a. Our tender / quote is submitted on the basis that our staff and other contractors will be able to complete their work unhindered and uninterrupted, such that they are afforded free working effective and continuous access to a safe working environment. If additional visits are necessary by reason of delays for which we are not responsible then such will be charged for at our standard rates

b. Unless specified we are not responsible for carpentry, electrical works, plumbing, the construction of trenches, floor or other plates, masonry works or other civil engineering works

c. We are not responsible for damage to floors, walls, doors or paintwork where such damage results from the moving of goods or materials in a normal fashion

d. It is your responsibility to tell us of any restrictions of access to the site, including, but not limited to, overhead cables, parking restrictions and road works, and if delay or cancellation results from your failure to tell us, you must pay us the amount of such loss or expense which we may incur as a result, on an indemnity basis

e. If you request the provision of services or delivery of ancillary goods or materials from another source, we accept no responsibility for any loss or damage resultant from those services or to those goods or materials

f. It is your responsibility to tell us if any normal services are not available at the installation site, or are available but unusable, and any failure to do so shall result in your paying to us such loss or expense as we may incur on an indemnity basis

SECTION 6 - TERMS OF PAYMENT

Payment in respect of goods or services supplied by us, unless stated differently in our quote or tender, shall be upon the basis of 50% of the price being payable on the placement of your order, and the balance immediately following completion of work; and you shall have no right to make deductions therefrom, whether by way of set-off or otherwise

SECTION 7 - LIABILITY

a. Our liability in respect of goods supplied shall be confined to the terms of such guarantee as may be provided with them, which, so far as the law permits, shall be in place of any other conditions or warranties, whether imposed by statute or implied by common law, trade custom, course of dealing or otherwise

b. We accept no responsibility for any specification not prepared by us, and submission of our quote / tender does not constitute any warranty, guarantee, representation or opinion as to the practicability, efficacy, safety or otherwise of materials to be supplied or work to be done by us in accordance therewith, and the cost of any additional work caused by any defects in any such specifications shall be chargeable in addition

c. We shall not be liable for any consequential or resultant loss or damage howsoever arising, nor for labour costs involved in the removal or replacement of parts or materials

d. So far as the law permits, our liability for any damage, loss or expense howsoever arising, and not otherwise excluded by these terms and conditions, shall be confined to an amount no greater than the contract price agreed between us, excluding the cost of materials

e. In relation to repair work and water ingress issues; these may not always be solved on the first attempt. We shall offer our experienced opinion without charge to you unless otherwise stated. Quotations for advised remedies will be supplied and fully payable if work completed regardless. We shall not be liable for any consequential damage howsoever arising from problems persisting. Further remedial actions will be priced accordingly at no obligation

SECTION 8 - WAIVER

Any waiver or allowance made by us shall be limited strictly to the matter and occasion in respect of which waiver or allowance is made, and shall not otherwise be taken to limit in any way our ability to rely upon and enforce these terms and conditions

SECTION 9 - CANCELLATION

Cancellation by you for reasons other than as referred to in condition 3 above shall be permissible only with our written consent, and shall be subject to a minimum cancellation charge of 10% of the contract price or such sum, upon an indemnity basis, as shall be sufficient to cover our losses and expenses, including loss of profit, if greater

SECTION 10 - INTEREST

Any sum(s) payable to us (which shall include such legal costs and expenses [upon an indemnity basis] as we may incur by reason of your default) in accordance with these terms and conditions if unpaid within 14 days of becoming due and payable shall attract interest (to be compounded / accumulated with the sum(s) payable) at the rate of 1.5% per month (both before and after judgment), payable by you in addition

SECTION 11 - RETENTION OF TITLE

a. All goods and materials supplied by us directly or indirectly though at your risk from the moment of delivery remain our property until all sums (including legal costs and interest, if applicable) payable to us under these terms and conditions have been paid to us in full

b. Whilst such goods and materials remain our property (and provided that the due date for payment has passed) you agree to allow us the right (reserved hereby) of unfettered, unrestricted and unimpeded access to the place or premises where those goods and materials may be (and whether or not such may be the original point of delivery and / or installation), and by force if required; and you undertake (as a condition of supply) that such goods and materials whilst our property will not be sold or re-sold under any circumstances (and nor shall the property to, or upon, which our property has been installed itself be sold; and in any event without notification to the new owner of our rights of retention, access and removal) and will not be removed from the place at which they were originally delivered / installed (i) without written notification to us of the address to which such are to be removed and (ii) if to a place or to premises access to which you do not control unless you have first drawn to the attention of the lawful owner / occupier of such place or premises these terms and conditions and have secured his / her written consent (to be produced to us) to the right of access reserved hereby. Any breach of this undertaking will result in the sum(s) due to us being increased by a factor of 50% without prejudice to our other rights

SECTION 12 - DISPUTES

a. These terms and conditions shall be construed and determined exclusively in accordance with the laws of England and Wales

b. In the event of any dispute between us we each agree that the disputed matter(s) shall be referred to a senior lawyer for determination, who shall act as an expert and who shall be appointed, in the absence of agreement, upon the application of either party, by the President of the Law Society of England and Wales, or his / her deputy, and whose decision shall be final and binding upon us, save in the event of manifest error. Any such expert so appointed who shall die or otherwise be unwilling or unable to fulfill his / her appointment shall be replaced by another appointed by the same method

c. Any term or condition found to be invalid in law or otherwise unenforceable shall be severed herefrom without affecting the validity of the remainder, and replaced by such similar, but valid or enforceable term or condition, as shall most nearly reflect the spirit thereof.

​Questions about the Terms of Service should be sent to us at andy@ballmangroup.co.uk